Back in January, we devoted a fair amount of attention to the DOJ Supplemental Brief in the al-Bahlul military commission appeal–and the rather significant internal debate within the Administration about whether to accept the D.C. Circuit’s ruling in Hamdan II… Read more »
The D.C. Circuit has handed down its latest Guantanamo habeas case, Khairkhwa v. Obama. The brief, unanimous opinion by Senior Judge A. Raymond Randolph for himself and Judges Judith Rogers and Merrick Garland contains no surprises. As expected, it … Read more »
Ben beat me to it, but this morning, the D.C Circuit issued a terse order removing United States v. al Bahlul (the “other” military commission appeal) from its argument calendar (it was scheduled to be argued before Judges Henderson, … Read more »
Ali Hamza Ahmad Suliman Al Bahlul has filed his reply brief in his appeal of his military commission conviction in the U.S. Court of Appeals for the District of Columbia Circuit. You’ll recall that Al Bahul requested his appeal to … Read more »
The D.C. Circuit has batted back Mustafa Ahmed Al Hawsawi’s request for a preliminary injunction to stop the new mail search policy at Guantanamo Bay. A per curiam order by a panel consisting of Judges Merrick Garland, Janice Rogers Brown, … Read more »
Earlier this year, Judge Walton denied a pair of motions to dismiss in the civil suit filed by Moe Davis against the Librarian of Congress and the Director of the Congressional Research Service (“CRS”). Davis, who previously served as chief … Read more »
On Friday, the DC Circuit held, in a 2-1 panel decision in Doe v. ExxonMobil, that corporations may be held liable under the Alien Tort Statute, creating a decisive circuit split with the Second Circuit’s decision in Kiobel last … Read more »
Almerfedi is a big deal–though perhaps subtly. Judge Laurence Silberman’s opinion continues a trend, begun by Judge Brett Kavanaugh in Uthman, of clarifying just how little the preponderance of the evidence standard really requires of the government. This … Read more »
The D.C. Circuit has handed down its decision in the case of Hussain Almerfedi, a Guantanamo habeas petitioner. The opinion is written by Judge Laurence Silberman for himself and Judge Brett Kavanaugh. Judge Judith Rogers concurred in part and in … Read more »
They say you can’t tell how a case is going to come out from an oral argument. Sometimes you can, and today is one of those days. Hussain Salem Mohammad Almerfedi is going to have his head handed to him … Read more »
Tomorrow morning, a panel of the D.C. Circuit Court of Appeals will hear arguments in another Guantanamo habeas case, that of Hussain Salem Mohammad Almerfedi (Case No. 10-5291). The case is a government appeal of Judge Paul Friedman’s sole Guantanamo … Read more »
This afternoon the D.C. Circuit responded to the government’s request for a temporary stay in Almerfedi v. Obama by granting the motion. This means that the detainee, habeas petitioner Hussain Salem Mohammed Almerfedi, will remain in custody at Guantanamo Bay … Read more »
Yesterday the D.C. Circuit denied a petition for initial hearing en banc in Abdah v. Obama (No. 05-5224), a case involving the same type of pre-transfer notice orders as those at issue in Kiyemba II. Kiyemba II, readers may … Read more »
For about a year and a half after the Supreme Court’s 2008 ruling in Boumediene v. Bush, district judges were left to their own devices in grappling with the Guantanamo habeas litigation. Beginning in January this year, some of … Read more »
Tuesday, May 21, 2013
William P. Barr (former Attorney General), Jamie S. Gorelick (former Deputy AG), and Kenneth L. Wainstein (former Assistant AG for National Security) have this Times op-ed on the AP subpoena controversy. They write:
While neither we nor the critics know the circumstances behind the prosecutors’ decision to issue this subpoena, we do know from the government’s public disclosures that the prosecutors were right to investigate this leak
